B.P. Koirala Memorial Cancer Hospital Act, 2053 (1997)


Published: 1997

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BP Koirala memorial cancer hospital, 2053 English
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The B.P. Koirala Memorial Cancer
Hospital Act, 2053(1997)
Date of Authentication and Publication:
2053.11.15 (26 Feb., 1997)
Amendments:
1. Income Tax Act, 2058 (2002) 2058.12.19
(1 April, 2002)
2. B.P. Koirala Memorial Cancer Hospital
(First Amendment) Act, 2064 (2007) 2064.9.30
(14 Jan., 2007)
3. Republic Strengthening and Some Nepal Laws
Amendment Act, 2066 (2010) 2066.10.7
(21 Jan., 2010)

Act number 34 of the year 2053 (1997)
An Act Made to Provide for the establishment and management of B.P.
Koirala Memorial Cancer Hospital
Preamble:
Whereas, it is expedient to establish and operate a cancer hospital in order
to enable the cancer patients to spend humane life by providing, in an easily
available manner, necessary high standard health services for the diagnosis and
treatment of cancer diseases and rehabilitation of cancer patients and to prepare
such human resources as may be required for high standard study and research

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works on cancer diseases, with a view to eternally commemorate people’s leader
late Mr. Bisheswor Prasad Koirala;
Now, therefore, be it enacted by the Parliament in the Twenty fifth year of
the reign of His Majesty King Birendra Bir Bikram Shah Dev.
1. Short title and commencement:
(1) This Act may be called as the "B.P. Koirala Memorial Cancer
Hospital Act, 2053(1997)".
(2) This Act shall come into force on such date as the Government of
Nepal may appoint, by a Notification in the Nepal Gzette.1
2. Definitions:
Unless the subject or the context otherwise requires, n this Act:
(a) "Hospital" means the B. P. Koirala Memorial Cancer Hospital
established under Section 3.
(b) “Board” means the 2...................Board of Directors of the Hospital
formed pursuant to Section 7.
(c) "Chairperson" means the chairperson of Board.
(d)3 "Member" means the member of the Board, and this term includes
the chairperson of the Board.
(e) "Executive Director" means the Executive Director appointed
pursuant to Section 12.
(f) "Prescribed" or "as prescribed" means prescribed or as prescribed in
the 4Rules framed under this Act.
1 Specified as to come into force on 2054.2.21(3 June 1997) (Nepal Gazette dated 2054.2.21(3 June
1997). 2 Omitted by the First Amendment. 3 Ame nde d by the Fi rst Ame ndment 4 Amended by the Firs t Amendme nt

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3. Establishment of B. P. Koirala Memorial Cancer Hospital:
(1) The B. P. Koirala Memorial Cancer Hospital is hereby established as
a national referral Hospital in order to enable the cancer patients to
spend humane life by providing, in an easily available manner,
necessary high standard health services for the prevention of cancer
disease, diagnosis and treatment of cancer diseases of persons who
are suffering from the said disease and to prepare such human
resources as may be required for high standard study an research
works on cancer diseases and make this sector self-reliant.
(2) The Hospital shall be established in Bharatpur of Chitwan District,
and a branch and unit of the Hospital may also be established in
another District, as per necessity.
4. Hospital to be autonomous body:
(1) The Hospital shall be an autonomous body corporate with perpetual
succession.
(2) The Hospital shall have a separate seal of its wn.
(3) The Hospital may, like an individual, acquire, use, sell and dispose
of, or otherwise deal with, any movable and immovable property.
(4) The Hospital may, like an individual, sue by its name and be also
sued by the same name.
5. Objectives of Hospital:
The objectives of the Hospital shall be as follows:
(a) To enable the cancer patients to spend humane life by providing, in
an easily available manner, necessary high standard health services
for the prevention, diagnosis, treatment of cancer diseases of the
patients,

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(b) To have self-reliance in this sector by preparing such human
resources as may be required in the field of treatmn of cancer
diseases, and do or cause to be done high standard study and
research works on cancer diseases,
(c) To develop such systems on the use, storage, replacement of
radioactive materials for and process of operation of equipment used
in and other safety measures on the prevention, diagnosis and
treatment of cancer diseases as are not contrary to the international
norms and practices.
(d) To launch national cancer disease control programme.
6. Functions, duties and powers of Hospital:
In addition to the functions, duties and powers mentioned elsewhere in this
Act, the functions, duties and powers of the Hospital shall be as follows:
(a) To provide high standard health services for the prvention,
diagnosis and treatment of cancer diseases,
(b) To launch a national cancer disease control program for the
prevention, diagnosis and treatment of cancer diseases,
(c) To prepare necessary human resources for the prevention, diagnosis
and treatment of cancer diseases,
(d) To do, or cause to be done, study and research works on cancer
diseases,
(e) For the prevention, diagnosis and treatment of cancer diseases, to
maintain contact and coordination with native and foreign,
governmental and non-governmental organizations, and prepare
national policies, plans and programs thereon and submit the same to
the Government of Nepal,

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(f) To provide technical assistance to the agencies involved in
prevention, diagnosis and treatment of cancer diseases,
(g) To pursue safety measures and techniques in using, storing,
replacing radioactive materials to be used in the acts of prevention,
diagnosis and treatment of cancer diseases,
(h) To provide scholarship, medal and prizes on prevention, diagnosis
and treatment of cancer diseases,
(i) To develop refer system of cancer diseases and expand services
through network hospitals and associated agencies,
(j) To prescribe and collect fees for the health servics to be provided
by the Hospital,
(k) To manage the Hospital,
(l) To build, expand and repair the Hospital,
(m) To arrange for such equipment and facilities as requi d for the
improvement in and expansion of the services of the Hospital,
(n) To submit the annual report of the Hospital to the Government of
Nepal, through the Board,
(o) To give information of the policy decisions made by the Hospital
and of the implementation thereof to the Government of Nepal in a
periodic manner,
(p) To carry out, or cause to be carried out, such other functions as may
be required to the accomplishment of the objectives of the Hospital.



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7.5 Formation of Board:
(1) There shall be formed a Governing Board (Board of Directors)
consisting of the chairperson and members, as follows, for the
operation, looking after and management of the Hospital by
performing and exercising all the functions, duties and powers
conferred to the Hospital pursuant to this Act or the Rules framed
hereunder:
(a) A person nominated by the Government of
Nepal from amongst the senior doctors
who have obtained at least master's degree
in medical sciences from a recognized
educational institute and gained at least
Fifteen years of experience in the field of
cancer disease or who have obtained at
least master's degree in medical sciences
from a recognized educational institute and
gained at least Twenty years of experience
in the field of health








-Chairperson
(b)6 -Member
(c) Secretary at the Ministry of Health and
Population or at least gazetted first class
officer at that Ministry as designated by
him or her


-Member
5 Amended by the Firs t Amendme nt. 6 Deleted by the Re publ ic Stre ngtheni ng and So me Nepal Laws Amending Ac t,
2066.

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(d) Secretary at the Ministry of Finance or
such gazetted first class officer at the
Ministry of Finance as designated by him
or her


-Member
(e) Mayor, Bharatpur Municipality -Member
(f) Four persons nominated by the
Government of Nepal from amongst the
doctors involved in the field of cancer
disease, consisting at least two women, and
in a manner to represent the Dalits,
nationalities and Madhesi




-Member
(g) A total of two persons consisting of one
concerned specialist representative each
from the Bir Hospital and Tribhuvan
University Teaching Hospital


-Member
(h) Two persons nominated by the Board,
consisting of one woman to the extent of
availability, from amongst the doctors in
service in the Hospital


-Member
(i) Two persons nominated by the
Government of Nepal, consisting of at least
one woman, from the renowned person
involved in the field of social service


-Member
(j) Representative, National Health Research
Council
-Member

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(k) Executive Director -Member
Secretary
(2) The term of office of the members nominated pursuant to Sub-
section (1) shall be Three years.
(3) Notwithstanding anything contained in Sub-section (2), if a
nominated member does not discharge duties honestly or perform
the duties of his or her office or suffers from incompetency, the
Government of Nepal may, at any time, remove such a member from
the office.
Provided that, he or she shall not be deprived of an
opportunity to defend himself or herself, prior to so removing him or
her.
(4) If the Board thinks it necessary, it may invite any expert to attend its
meeting as an observer.
(5) The procedures relating to the meeting of the Board shall be as
prescribed.
8. Cessation of membership:
(1) The chairperson and members of the Board, other than the ex officio
member, shall cease to hold their office in the following
circumstances:
(a) If the member dies;
(b) If the term expires;
(c) If resignation tendered before the Board is accepted;
(d) If the member, without giving a notice, absents
himself/herself from eight consecutive meetings of the Board.

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(e) 7 ………
(2) If the post of chairperson or any member falls vacant pursuant to
Sub-section (1), another chairperson or member shall be nominated
for the remaining term.
9. Act and action not to be invalid:
Notwithstanding that any act or action has been done r taken following
any error in the formation of the Board or vacancy in office of any member,
such act or action shall not be invalid merely on such ground.
10.8 Functions, duties and powers of chairperson:
(1) The functions, duties and powers of the chairperson shall be as
follows:
(a) To formulate and implement such plans and programmes as
may be required to operate the Hospital effectively,
(b) To implement, or cause to be implemented, the decisions
made by the Board,
(c) To get the annual programmes of the Hospital prepa ed and
submit the same to the Board.
(2) The other functions, duties and powers of the cairperson shall be as
prescribed.
11. Functions, duties and powers of member secretary of Board:
The functions, duties and powers of the member secretary shall be as
prescribed.

7 Deleted by the Fi rst Ame nd ment . 8 Amended by the Firs t Amendme nt.

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12. Executive Director, adviser and other employee:
(1) The Board shall appoint one Executive Director for the operation of
the day-to-day administration of the Hospital.
(2) The Hospital may, as per necessity, appoint other advisers and
employees.
(3)9 The facilities of the members and advisers of the Board shall be as
prescribed.
(3a)10 The qualification, appointment, remuneration and terms and
conditions of service of the Executive Director and employees shall
be as prescribed.
13. Functions, duties and powers of Executive Director of Board:
The functions, duties and powers of the Executive Director shall be as
prescribed.
14. 11 Restriction on member and employee of Hospital:
No member, Executive Director, adviser and employee of the Hospital shall
be entitled to take part directly or indirectly in a y transaction or contract
(Thekka Patta) with the Hospital.
15. Restriction on making claim for compensation against Hospital:
If a patient admitted to the Hospital for the treatment of cancer disease
sustains any kind of adverse physical impacts, as aresult of the use by a
doctor or health worker of the Hospital, of radioactive materials and other
drugs in the prescribed dosage by following the prescribed procedures in
the course of medical treatment of such patient, such patient shall not be
9 Amended by the Firs t Amendme nt. 10 Inserted by the Fi rst Ame ndment . 11 Amended by the Fi rs t Amendme nt.

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entitled to make a claim for pecuniary or any other kind of compensation
against the Hospital and a doctor or health worker of the Hospital.
Provided that, where a patient sustains any kind of adverse physical
impacts as a result of the use, by a doctor or health worker of the Hospital
of radioactive materials and other drugs in deviation of the prescribed
dosage and procedures in reckless or negligent manner, this section shall
not be deemed to bar the making of claims for compensation against such
doctor or health worker.
16. Powers to examine dead body for study and research:
(1) If a patient admitted to the Hospital for the tr atment of cancer
disease gives consent to have his/her dead body examined for study
and research on such disease following his/her death, the Hospital
may examine the dead body accordingly prior to cremation of that
dead body.
(2) If any patient admitted to the Hospital dies prior to giving consent
for study or research pursuant to Sub-section (1), nothing shall be
deemed to prevent the Hospital from examining the body of such
deceased for any study or research on cancer diseases.
(3) The other procedures and terms on giving and taking consent for
examination of dead body pursuant to Sub-section (1) shall be as
prescribed.
17. Fund of Hospital:
(1) The fund of the Hospital shall consist of the following amounts; and
the expenditures of the Hospital shall be chargeable on the fund:
(a) Amounts received from the Government of Nepal for the
Hospital,

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(b) Amounts received from any foreign government or
international organization,
(c) Amounts received from the services rendered by the Hospital,
(d) Grant amounts received from various persons,
(e) Amounts received from other sources.
(2) The amounts received from the Government of Nepal, foreign
governments or international organizations shall be sp nt on that
programme or act for which such amounts have been rceived by the
Hospital.
(3) The fund of the Hospital shall be operated as pre cribed.
18. Exemptions and facilities for Hospital:
(1) The Hospital shall be exempted from customs, sales t x, ……..12 and
registration fees on the following matters:
(a) Necessary construction materials, machineries and tools
imported from abroad for the building and operation of the
Hospital,
(b) Scholarship, fellowship and reward to be provided by the
Hospital,
(c) Gifts, donations, grants received by the Hospital, and its other
sources of income and properties of the Hospital,
(d) Registration of indenture of immovable property to be
purchased by the Hospital.
12 Deleted by the Income Tax Act, 2058.

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(2) Prior to importing the goods as referred to in Clause (a) of Sub-
section (1), the Hospital shall submit a price list and quantity of such
goods to the Ministry of Finance, through the Ministry of Health.
19. Accounts and audit:
(1) The accounts of the incomes and expenditures of the Hospital shall
be maintained as prescribed.
(2) The audit of the incomes and expenses of the Hospital shall be
performed by the Office of the Auditor General.
20. Powers to form technical committee:
(1) The Board may form a technical committee, as requir d, for the
provision of such technical service and assistance s may be required
for the Hospital.
(2) The functions, duties, powers and procedures of the technical
committee formed pursuant to Sub-section (1) shall be as specified
by the Board.
21. Delegation of powers:
The Board may, as per necessity, delegate any of the powers conferred to it
under this Act or the Rules framed thereunder this Act to any member of
the Board, Executive Director of the Hospital or any officer employee of
the Board.
22. Powers to give direction:
The Government of Nepal may give direction to the Hospital on such
policy matters as deemed necessary to implement the objectives of this Act;
and it shall be the duty of the Hospital to observe such direction.


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23. Liaison with the Government of Nepal:
Where the Hospital has to make contact with the Government of Nepal on
policy matters relating to the treatment and prevention of cancer diseases, it
shall do so through the Ministry of Health and Population13; and on other
matters, the Hospital may directly contact with any Ministry of the
Government of Nepal and bodies under that Ministry.
24. Powers to frame Rules:
The Board may frame necessary Rules for the implementation of the
objectives of this Act.
Provided that, consent of the Government of Nepal sh l be obtained
while making Rules on matters involving financial burden on the
Government of Nepal.14
25. Powers to make manuals:
(1) The Hospital may so make and enforce such manuals as may be
required for the implementation of the Rules and norms fixed by
international organizations in respect of the use, torage and
replacement radioactive materials to be used in the treatment of
cancer diseases that such manuals are not contrary to this Act and
the Rules framed under this Act.
(2) Pending the making of the manuals as referred to in Sub-section (1),
the Board may pursue, or cause to be pursued, the Rules and norms
fixed by the international organizations in this rep ct.
(3) It shall be the duty of all the concerned to observe the manuals
enforced pursuant to Sub-section (1) and the Rules and norms
pursued pursuant to Sub-section (2).
13 Amended by the Firs t Amendme nt. 14 Inserted by the Fi rst Ame ndment .